H4 to H1 visa transfer

[pranir3]

Hi,
I got my H1 approved from H4 in Jan this year and been working since then. just wondering if i can go to India and come back on H4. will my H1 be still valid or do I have to apply for a fresh H1 again. I heard that you can keep your current H1 alive if you come back again on H4 and can transfer it to H1 once you get a job.

Please advise

[kabkaba]

You can do that, but you will not be able to work until COS from H4 to H1 gets approved.

[pranir3]

thank you for the reply

If i'm transferring from H4 to H1 again, does it come under the current quota or it doesn't come under that as it has been already went through that quota process

thanks in advance

[shervin143]

You can use the CAP from the previous petition while filing the COS from H4 to H1B and request an immediate start date. That way, you don't have to go through the quota again. Give a copy of your H1B approval notice to the new employer so that they can use that CAP.

thank you for the reply

If i'm transferring from H4 to H1 again, does it come under the current quota or it doesn't come under that as it has been already went through that quota process

thanks in advance